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1960-5756RESOLUTION NO. _575 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT TO WIT: THE P CENTIA AVENUE SEWER IMPROVEMENT FROM WHEREAS, the City Council of the City of Anaheim did pause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheiz Gazette,, on the 8th and 1 th da s of October 195 a notice inviting sealed proposals for furnishing the following: in a000rdanoe with the designs, plans, profiles and speoii'i tions prepared by Thornton E P and the the notice inviting sealed proposals, whioh said notice ep0o1- fied that sealed proposals as specified in said notice would be received up until 2: O 'clock look P.. of the 2n day f 19 and which said notice did state and declare that, pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the Oity of Anaheim had ascertained the prevailing rate of wages for eaoh type of labor needed to exe- oute said contract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on October 22 19. at the hour of &clock P.M.,, the Oity Clerk and City Engineer of the 2:00 All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Placentia Avenue Sewer Improvement, con- sisting of the construction of an 8 -inch V.C.P. sewer lateral in Placentia Avenue, from Katella Avenue to approximately 955 feet south of Katella Avenue, including trenching, manhole construction, construc- tion of wyes and stoppers, flooding, backfill, resurfacing, and appurtenant work as indicated on the plans, Job No. 1167. City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to con- struct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next regular meeting; and WHEREAS, the City Council of the City of Anaheim did, at its next re ular meeting, held on the 27th day of October 195 at the hour of 7 :00 o'clock P.M., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by ORANGE COUNTY CONSTRUCTION CO., 1506 N. Clinton Street. Santa Ana California, for the construction, installation and completion of said Placentia Avenue Sewer Improvement, Job No, 1167 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said ORANGE COUNTY CONSTRUCTION CO. for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans, and drawings, the said public improvement as specified in said notice inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with ORANGE COUNTY CONSTRUCTION CO. which said contract was duly made and entered into on the 29th day of October 1959 and WHEREAS, the said ORANGE COUNTY CONSTRUCTION CO. has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans, drawings, of said public improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and specifications prepared by Thornton E. Piersall, City Engineer and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the City Engineer has duly certified to the construction and completion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said ORANGE COUNTY CONSTRUCTION CO. and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly de- scribed in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accord- ance with the contract documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and complete, in a good and workmanlike manner, in strict accordance with the specifics tions, plane and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement hereinabove m «re particularly de- scribed and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby accepted, subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and that the balance due said contractor for said work be paid to it thirty-five (35) days from and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty (30) days after the date of the filing of notice of com pletion, excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or withheld or for anything relating to the work or any act or neglect of the City, its officers, agents and em- ployees, excepting only claims against the City for any amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me this 12th day of January 19 60 ST: C TY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M WILLIAMS Anaheim, do hereby certify that the duced and adopted at a of the City Council of the City of of January 19 6O.. by t MAYOR OF NOES: COUNCILMEN: None CITY OF ANAHEIM City Clerk of the City of foregoing resolution was intro- regular meeting provided by law Anaheim, held on the 12th day he following vote: AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 12th day of January 1 96.0_0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of January 19 (10 (SEAL) 0...Y CLE• OF THE CITY OF ANAHEIM -3-